Meritorious Consideration - Law Dictionary Search Results
Home Dictionary Name: meritorious considerationMeritorious consideration
Meritorious consideration, one founded upon some moral obligation....
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
meritorious
meritorious 1 : deserving of honor or esteem 2 : having merit [a claim] ...
meritorious defense
meritorious defense see defense ...
Meritory
Meritorious...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
consideration
consideration : something (as an act or forbearance or the promise thereof) done or given by one party for the act or promise of another see also contract compare motive NOTE: Except in Louisiana, consideration is a necessary element to the creation of a contract. The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises. ad·e·quate consideration : a consideration that is reasonably equivalent in value to the thing for which it is given fair consideration : a consideration that is reasonable and given in good faith ;specif : something with a reasonably equivalent value that under the laws of fraudulent conveyances is given in good faith in exchange for the transfer of property good consideration 1 : a consideration based on a family relationship or natural love and affection 2 : valuable consideration in this entry NOTE: When used as defined in sense 1 good consideration is the opposite of valuable consider...
Adequate consideration
Adequate consideration, The condition regarding adequate consideration would not apply to a gift, as a gift is a transfer without consideration, Kumari Sonia Bhatia v. State of U.P., AIR 1981 SC 1274: (1981) 2 SCC 585. [Contract Act, 1872, s. 2(b) (9 of 1872)]In the absence of a definition of the phrase 'adequate consideration', the common parlance meaning of the term has to be accepted. A reference to the decision of Hidayatullah, J. as he then was in Tulsidas Kilachand v. CIT shows that the words 'adequate consideration' were held to denote consideration other than mere love and affection which, in the case of a wife, may be presumed. When the law insists that there should be 'adequate consideration' and not good consideration , it excludes mere love and affection, Major V. P. Singh v. State of Uttar Pradesh, 1991 Supp (2) SCC 346 (347): AIR 1991 SC 1502. [U.P. Imposition of ceiling on Land Holdings Act, 1960, s. 5(6) Proviso(b) second clause]The words 'adequate consideration' clearl...
Further consideration
Further consideration, the postponed considera-tion by a judge of a cause or of some question in it. In the Chancery Division in actions for administra-tion, partition, and the like, it is usual at the first hearing merely to direct accounts and inquiries and to adjourn the further consideration of the cause. When the Master has made his certificate as to the result of the accounts and inquiries the action comes on for hearing on further consideration when any outstanding questions of law are determined by the Court and the action is finally disposed of; though in some rase cases a second or even a third further consideration may be necessary. See (English) R.S.C., Ord. XXXVI., r. 21; Dan. Ch. Pr. In the King's Bench Division, if there are important legal questions raised, the judge sometimes does not give judgment at once, but reserves the matter for further consideration...
Valuable consideration
Valuable consideration, the expression 'valuable consideration' has a well known connotation in law and it is not synonymous with 'adequate consideration', Jagadguru Gurushidda Swami v. Dakshina Maharashtra Digambar Jain Sabha, AIR 1953 SC 514 (516): (1954) SCR 235. (Limitation Act, 1968, s. 10)The classic definition of 'valuable consideration' is given in Currie v. Misa, (1875) 10 Ex. 153 (162), thus: 'A valuable consideration in the sense of the law may consist either in so right, interest profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility, suffered or undertaken by the other, Chidambara Iyer v. P.S. Ranga Iyer, (1966) 1 SCR 168: AIR 1966 SC 193 (197). [Tamil Nadu Agriculturists Relief Act (4 of 1938), ss. 9A, 10(ii)(b)]...
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